Can I be appointed personal representative in Oregon if the will names my sibling first but they refuse to serve?

Short answer: Yes — if the person named in the will (the nominated personal representative) refuses or is unable to serve, Oregon courts will appoint the next appropriate and willing person according to statute and judicial discretion. To be appointed you will typically need the nominated person to renounce in writing (or the court to determine they have declined), file the required probate paperwork in the county where the decedent lived, and show you are qualified and willing to act.

Detailed answer — how appointment works in Oregon

When someone dies leaving a will that names a personal representative (often called an executor), Oregon probate procedure gives priority to the person named. If that person will not serve, Oregon law provides for appointment of another person. The basic steps and legal principles are:

1. Check the will for alternates. Many wills name one or more alternate personal representatives. If the first choice explicitly declines, the alternate named in the will can be appointed without disputing priority.
2. Obtain a renunciation or refusal. If the first-named person refuses to serve, it is fastest if they sign a written renunciation (sometimes called a written refusal or disclaimer of appointment). A signed renunciation simplifies the court’s appointment because it documents the refusal and removes the nominated person from the priority line.
3. If there is no written renunciation: You may still petition the court. The court can appoint another person when the nominated representative is unavailable, incapacitated, has been convicted of certain crimes, is disqualified, or otherwise declines to serve. The judge will consider who is willing, who is qualified, and the best interests of the estate and beneficiaries.
4. File a petition for probate / appointment in the proper county court. Probate proceedings are initiated in the county where the decedent was domiciled. You must file the original will (if any), a petition for probate/appointment, and other required forms. The court will review the petition, give notice to heirs and beneficiaries, and either enter an order appointing the personal representative or set a hearing.
5. Court priority and qualifications. Oregon statutes set out who may be appointed and the usual order of preference when multiple people ask for appointment. The court will appoint a person who is legally competent, not under certain disqualifying conditions, and who is willing to serve. The court can require a bond, supervise the estate (formal administration), or allow less formal administration depending on the size and complexity of the estate.
6. Public Administrator or court appointment if no willing person. If no family member or beneficiary is willing or suitable to serve, the court can appoint the county public administrator (if one exists) or a professional fiduciary to act as personal representative.

For the Oregon statutory framework on administration of decedents’ estates, see the Oregon Revised Statutes on probate (general statutory guidance): ORS Chapter 113 — Administration of Decedents’ Estates. For practical court filing information, forms, and local rules see your county circuit court’s probate section or the Oregon Judicial Department’s probate resources: Oregon Judicial Department — Probate and Estates.

What you will need to do — step‑by‑step

1. Locate the original will and the death certificate.
2. Contact the nominated executor (your sibling) and ask them to sign a written renunciation if they truly refuse. A formal writing prevents delays or disputes later.
3. Gather basic documents: certified death certificate, the original will, your ID, and a list of the estate’s assets and known creditors.
4. Prepare and file a petition for probate/appointment in the county where the decedent lived. Follow local probate filing rules. Many counties provide checklists and forms.
5. Give required notice to heirs and beneficiaries. The court will either appoint you (if appropriate) or set a hearing where interested persons can object.
6. If appointed, complete any required oath and bond, open an estate bank account, and begin administration under court supervision or under the less formal probate procedures allowed for small or simple estates.

Common complications and how courts usually handle them

• If the nominated person is physically or mentally unable to serve, provide medical or other evidence so the court can remove them from priority.
• If the nominated person is unreachable, the court may allow service by publication or other statutory methods and proceed to appoint a willing person after notice requirements are met.
• If beneficiaries disagree about who should serve, the court resolves disputes by applying statutory priority and deciding who is best suited to administer the estate in the beneficiaries’ interest.
• If the estate is small, simplified procedures may allow distribution without full probate. Ask the court clerk about small‑estate options in Oregon.

When to consider hiring a probate attorney

Consider legal help if:

• There are contested issues (family fights about appointment or will validity).
• The estate has complex assets (real property in other states, business ownership, tax issues).
• Creditors or potential liability risks are significant.
• You are unfamiliar with probate filing requirements and deadlines and want to avoid personal liability as a personal representative.

Helpful Hints

• Ask the nominated executor for a written renunciation. Courts value a signed document and it speeds appointment.
• Check the will carefully for alternate nominees or instructions about appointment.
• Contact the county probate clerk’s office early — they can tell you the correct forms, filing fees, and notice requirements for your county.
• Keep beneficiaries informed. Clear communication reduces objections and delays.
• Collect and secure important documents and assets (title papers, bank statements, insurance policies) as soon as possible after death.
• If you accept appointment, know your duties: marshaling assets, notifying creditors, paying valid debts, filing inventories and accounting (if required), and distributing assets according to the will and law.
• If the nominated person verbally says they won’t serve but declines to sign anything, consider filing the petition with an explanation and asking the court for appointment; the court can require evidence of the refusal.

Where to look for forms and statutes

Oregon statutes on probate generally: ORS Chapter 113 — Administration of Decedents’ Estates. For court forms, county filing rules, and practical probate information: Oregon Judicial Department — Probate and Estates. Your local county circuit court website will have the specific forms and fee information used where the decedent lived.

Disclaimer

This article is for general informational purposes only and is not legal advice. Laws change, and every estate situation is different. Consult a licensed Oregon attorney if you need legal advice or representation tailored to your situation.